The California Lemon Law And How It Affects You

by | Sep 3, 2015 | Law

If you buy or lease a new car in the state of California and later find out that it has a serious defect, one which is detrimental to the vehicles safety, use or value then a California Lemon Law attorney can be of significant help in your fight for recompense. Although the law cannot help everyone with a problem vehicle it does set out important rights for buyers.

In California the Lemon law is technically The Song-Beverly Consumer Warranty Act. The act specifies that if a vehicle manufacturer or an authorized representative of the manufacturer cannot repair a vehicle to conform with the vehicles express warranty after a number of tries then the manufacturer must either replace the car or refund the purchase price.

To qualify for the provisions under the California law the car must have been purchased or leased in the state and its purpose is for personal, family or business use.

Not all states cover used cars, in California used cars are covered as long as they are still under the original new car warranty, the law will protect the new owner during the remaining time left on the warranty.

As it is impossible to determine in advance if a car will turn out to be a lemon the purchaser is advised to keep all documentation regards repairs as well as a log of how long the vehicle has been unavailable for use. If your car has been in the shop four times to repair the same serious fault or off the road for a total of 30 days you can write to the manufacturer requesting that they buy back the car.

In many cases the manufacturer will do just that, they will buy back the lemon without any further action on your part. If this does not happen then it is best to hire a California Lemon Law attorney or take advantage of the manufacturers arbitration plan if one is in effect, not all manufactures have this.

In the majority of cases the results of arbitration favors manufacturer. To improve the odds gather all the documents that you have; the repair orders, inspection reports, etc. It is suggested that the owner appear at the arbitration hearing personally. If the case goes your way the manufacturer has 30 days to comply with the ruling but don’t be surprised if the manufacturer delays issuing the refund, if this happens turn to a California Lemon Law attorney for guidance and assistance.

If your car turns out to be a lemon then you have recourse under the law. As all states have slightly different laws you will need a California Lemon law attorney if you live in that state. To locate a trusted local attorney then contact Lemon Law America.

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